Parliamentary Secretary Appointments

The Supreme Court issued notice on a plea filed by Himachal Pradesh government challenging an order of the high court, which nullified a 2006 state law permitting the state to appoint members of the state Legislative Assembly as parliamentary secretaries.

Background:

• In 2006, Himachal Pradesh passed a law called the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006.
  • This law allowed the state government to appoint Members of the Legislative Assembly (MLAs) as Parliamentary Secretaries.
  • These Parliamentary Secretaries were given several benefits, including official powers, salaries, and allowances similar to those of government ministers.

High Court's Actions:

• Now, the Himachal Pradesh High Court struck down this 2006 law. The court ruled that the state legislature did not have the authority to pass such a law, and it was unconstitutional. The court's main reasoning was that this law violated the Constitution of India in two key ways:
  • Office of Profit: The court held that being appointed as a Parliamentary Secretary effectively gave an MLA the same duties and privileges as a minister, even though they were not formally ministers. This meant they were holding an Office of Profit, which is not allowed for elected representatives unless certain conditions are met.
  • Violation of Article 164(1-A): This article limits the size of the Council of Ministers in each state. The court found that the Parliamentary Secretaries were performing tasks that were akin to ministers but were not officially recognized as such, thus violating this constitutional provision.
• The High Court also declared the appointments of six Congress MLAs as Parliamentary Secretaries (made in January 2023) to be illegal and unconstitutional.
• The court ordered that these MLAs could be disqualified due to holding an Office of Profit.
• The court also ruled that certain protections given to these appointees under the Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971 were also illegal.

Supreme Court's Involvement:

• The State of Himachal Pradesh disagreed with the High Court's ruling and appealed to the Supreme Court. Now, the Supreme Court issued a notice on this appeal, meaning it will examine the case in detail.
• The Supreme Court also took the following actions:
  • Stayed (paused) the High Court's order: The Supreme Court paused the High Court’s direction to start disqualification proceedings against the MLAs who were appointed as Parliamentary Secretaries. This means that for now, the MLAs won’t be disqualified.
  • Issued a temporary ban on new appointments: The Supreme Court ordered that no new MLAs should be appointed as Parliamentary Secretaries while the case is pending.